Sone Lal Sahni v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.20206 of 2017 (5) dt.27-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20206 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Sone Lal Sahni, Son of Late Dahaur Sahani, Resident of Bahadurpur Housing Colony, P.S. Agamkuan, Town & District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Vigilance Department, through Govt. of Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandan Jha, Advocate. For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Special Case No. 44 of 2016 arising out of Vigilance P.S. Case No. 102 of 2016, registered under Sections 420, 467, 468, 471, 472, 477(A), 409 and 120(B) of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the P.C. Act. The accusation is that petitioner being the Finance Officer of Jaiprakash University, Chapra, released fund for Lok Mahavidyalaya, Hafizpur, Baniyapur, Saran. Rs. 1,59,34,200/- for the financial year 2005-08, Rs.50,00,000/- and Rs.2,30,53,600/- for the financial year 2006-09 and Rs.3,17,03,100/- for the financial year 2007-10 for distributing amongst the teaching and non-teaching staffs of the aforesaid college but some of the
Patna High Court Cr.Misc. No.20206 of 2017 (5) dt.27-07-2017 teaching and non-teaching staffs were illegally appointed were also provided as salary to the said funds.
Learned counsel for the petitioner submits that petitioner being the finance officer of J.P. University sent the aforesaid amount as detailed in the F.I.R. to Lok Mahavidyalaya, Hafizpur, Baniyapur, Saran for distribution among the teaching and non-teaching staffs but he had no concerned about the irregularity committed by the Principal and the Secretary of the college in distributing the fund to the teaching and non-teaching staffs, who were not legally appointed.
Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No. 44 of 2016 arising out of Vigilance P.S. Case No. 102 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T